In these terms and conditions, “we” “us” “our” and “GetGaming.com.au” refers to GetGaming Australia. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

WEBSITE USAGE, SERVICE AND TERMINATION MEMBERS In Order to access the services provided on this website, you must become a member. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. We reserve the right to terminate your membership at any time if you breach these terms and conditions.

Our services are intended to be used by members within Australia only. OUR WEBSITE SERVICESOur services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. We reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered. In order to use the subscription rental plans(Monthly and Try it rental plans) you must be at least 18 years of age in order to subscribe to these Services. In Order to Purchase Product, new and used from GetGaming you must be at least 18 years of age. While individuals under the age of 18 may utilise the service, they may do so only with the involvement of a parent or legal guardian. If it is discovered by GetGaming that a membership has been established by an individual under the age of 18, without the involvement of a parent or legal guardian the membership will be terminated immediately.

TERMINATION OF SERVICEThis Agreement applies to you for as long as you remain a subscriber to any of the Services ("Term"). You may terminate this Agreement and your use of the Services at any time and for any reason by altering your website membership option via the members page of the website. Full termination of your account including all personal details collected will only be done by written confirmation emailed to the following email address: support@getgaming.com.au. Phone, voicemail, and/or failure to pay a proper billing invoice do not constitute proper notification, and you are responsible for all fees accrued to your account until proper notification is received, regardless of usage. Changes to website membership will be immediate. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE. If product and/or Rental games are still unpaid or still on-rent then the changes to membership options will not be effective until such time as amounts are paid in full and/or the rented games are returned to GetGaming. Changes to website membership will be displayed in the members area for your account. Full account termination will be confirmed via email response from GetGaming. GetGaming may terminate this Agreement, your password, your membership, and/or your use of these Services without prior warning for any reason, including but not limited to failure to pay any charges when due or if you or someone using your account has violated this Agreement. All terms and provisions of this Agreement shall survive its termination. GetGaming may elect to send notice of any violations to you before termination, but is not required to do so. When a membership has been terminated, the reactivation of the old membership or the acquisition of a new membership will only be allowed by the express approval of GetGaming. The old membership holder may be held responsible for any charges associated with installation or activation, whether it is for a new membership, or a suspended or terminated membership.

SUBSCRIPTION RENTAL PLANS BILLING

USAGE You are fully responsible for all usage and charges incurred by the use of our services, including but not limited to the use of the login name/password assigned to you. If you lose your password or suspect that it has been compromised you should promptly contact GetGaming. It is required of all users that any services purchased from GetGaming not be used in any manner that would be considered illegal under local, state or federal law.

CHARGES, PAYMENTS AND RESPONSIBILITIESThe rental subscription fee with be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. Your date of subscription will be determined by Australian Eastern Standard Time. For Example if you begin you subscription on the 12th day of the month the next billing cycle will occur on the 12th day of the following month. In the event your membership began on a day not contained in a given month, we will bill your payment method on the last day of such month. For example, if you become a paying member on January 31st, your payment method would next be billed on February 28th. All charges are due and payable in advance of services rendered. You agree that you understand and accept these Terms and Conditions and agree to pay for these services according to the billing policies currently in effect using the rates as posted on GetGaming's website or available by mail when requested. GetGaming will only accept payment via a credit card or debit card for payment of regular billing; you are responsible for notifying GetGaming of any changes to your credit card or debit card account status, including any changes in charge card numbers and/or expiration dates. Failure to do so could cause the termination of your membership without notice. GetGaming offers full payment method update facilities via its member area. GetGaming is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE. We also reserve the right to change our fees, but we will notify you in advance if we do so. Try It services incur a charge at the beginning of the agreed rental period (14 days unless otherwise stated), if the game is not returned within the agreed period (16 days unless otherwise stated) an additional Try It charge will be billed against the stored Credit Card in our system, until such time as the game is returned additional Try It charges will continue to be billed.

FREE TRIALS AND PROMOTIONAL OFFERSGetGaming may offer free trials and promotional offers from time to time. When these promotions are offered they are subject to the terms listed below.REFER A FRIEND - The Refer a Friend referral promotion is available to all active members of GetGaming. To be eligible for the 10 free days, you must refer at least 1 new person to GetGaming, the referred person must enter your registered email address when signing up to GetGaming and they must sign up to a paying monthly Unlimited Game Rental Plan being either; a. 1 Game at a time or b. 2 Games at a time They must also be fully paid members for a minimum of 1 month. All your referrals and their current statuses can be viewed and redeemed via the rewards section of the GetGaming website. There is no limit to the amount of referrals you can make, nor is there any limit on the number of referal rewards you can accumulate. The referral rewards can be redeemed at anytime, but to redeem a reward you must be subscribed to an Unlimited Game Rental Plan, being either; a. 1 Game at a time or b. 2 Games at a time When a reward is redeemed, the next billing date of your current rental plan will be extending by 10 days for each reward redeemed. To successfully redeem a reward the following conditions must be met; 1. Your membership is active and you are subscribed to a paying Unlimited Rental Plan being either 1 Game at a time or 2 Games at a time. 2. Your membership payments must be current, members with amounts owing will not be eligible for the free offer until such time as the outstanding amounts are paid. 3. Referred members must be fully paid members for a minimum of 1 month on an Unlimited Rental Plan being either 1 Game at a time or 2 Games at a time.

FREE TRIAL Free trials of Unlimited Rental plans at getgaming.com.au may be offered to new members from time to time. GetGaming reserves the right determine if you are eligible for a free trial of our rental packages and services If we believe that the free trial or other promotional offers are being abused we reserve the right to charge for these trials or promotional offers based on current subscription rental package charges. To receive the free trial offer you must register or have previously registered on the GetGaming website, the free trial offer is available to existing members, but it is only available to existing members that have never subscribed to a paying monthly Unlimited Rental Plan, such as the 1 or 2 games at a time rental plan. During the registration process you will be required to enter credit or debit card details, we will validate you credit or debit card with a test transaction of the current rental plan monthly amount, this transaction if approved will be credited immediately for the same amount and the free trial offer will begin. If the transaction fails then the billing system will advise the user that the transaction has been declined, and place the membership on the default Free Membership option. You may attempt to retry the free trial subscription at any stage after a declined transaction. The free trial offer will automatically convert to the 1 Game at a Time Unlimited rental subscription at a rate of $22.95 per month (31 Days) at the end of the offer period. The end date of the offer is listed in the My Account section of the GetGaming website under My Rental Plan, and it is the date listed as the ‘Next Billing Date’. If you do not wish to continue with the paid monthly rental subscription after the trial offer, then it is your responsibility to; 1. Change your rental plan to the Free / Buy Only membership prior to the offer end date and; 2. Ensure that any game(s) on rent are returned to us no later than 5 days after the end of the trial offer. If any of the above conditions are not met then your membership will automatically convert to the 1 Game at a Time Unlimited rental subscription and you will be charged accordingly. All rental plans can be changed at any time, there are no minimum subscription periods with any GetGaming rental subscriptions. To change your current rental plan, login to the GetGaming Website and click the ‘Choose a new plan’ link in the My Account / My Rental Plan section of the GetGaming Website. The new rental plan will take effect at the ‘Next Billing Date’.

If we believe that the free trial or other promotional offers are being abused we reserve the right to charge for these trials or promotional offers based on current subscription rental package charges. GetGaming reserves the right to change the terms of any free trial or promotional offer at any time, these terms include but are not limited to the duration of free trials. GetGaming also reserve the right to; not offer, refuse, or cancel any trial offer or promotion at any time. These offers are limited to one per person, one per household and one per debit/credit card. The offers cannot be combined with any other offers.

PROPER NOTIFICATION OF DESIRED CHANGES TO ACCOUNTS Getgaming offers complete user profile management via the members area of the GetGaming website, if for whatever reason you are unable to update your details from this site, then the proper notification procedures are as follows; Email(preferred method) or direct contact via phone or mail to:

You agree to keep GetGaming properly informed of your contact information including your name, postal mailing address, and telephone number. This includes your email address if you normally use an email address and credit/debit card numbers and expiration dates.

NSF CHARGES AND DECLINED CREDIT/DEBIT CARDS If payment has not been received by the 5th day after the stipulated due date, due to a declined credit or debit card, we reserve the right to access a Non Sufficient Funds charge of $5.00 per occurrence. If payment is not received within the terms specified under these Terms of Service, service can be suspended without further notice. You agree to pay reasonable NSF fees as permitted by law, attorney fees, collection agency fees and other costs associates with collection efforts on all amounts due and owing that have not been disputed in writing.

NON-PAYMENT If we do not receive your payment when due, due to a payment method decline a NSF fee may be assessed in accordance with Section above.

UNRETURNED GAMES Upon cancellation you will be given five (5) business days to return any outstanding rentals. Failure to return such rentals will result in your payment method being billed an $80.00 replacement fee for each unreturned rental. Additionally, as long as you continue to have an unreturned game(s), you will continue to be billed the monthly charge(s) until such game(s) have been returned. Cancelling your account does not suspend your obligation to pay for services as long as you have games on-rent. If GetGaming is unable to collect the $80.00 replacement fee for each outstanding game, your membership will be turned over to a collection agency for further action. Further action may include but is not limited to; reporting negative activity to credit agencies, accumulation of collection fees, and legal fees.

LOST, UNRETURNED, AND DAMAGED GAMES You agree to allow us to charge your credit card for the current retail or replacement price of a game, whichever is higher, in the following situations:

If you have not returned a game to us within 5 days of cancelling your free trial or paid membership; If you have not returned an unplayable game to us within 5 days of reporting it to us as unplayable; If you have lost a game and reported it to us as lost; or If you have damaged a game (whether or not you reported it to us as damaged). If we charge your credit card for an unreturned game and you wish to receive a credit, you must have an active and current account with us and the game must be returned in playable condition via Australia Post registered mail within 30 days of the date of the sale. If the number of lost and/or damaged games on your account becomes excessive, we may place your account on hold or terminate your membership. To report a Lost game during mailing, report the mail loss to Australia Post on 13 76 78, be sure to get a reference number for the enquiry. Once completed, please email your reference number to support@getgaming.com.au, include your membership email details as well as the game you are reporting missing.

PRODUCT PURCHASES NEW AND USED SALES OF GAME, ACCESSORIES AND GAMING CONSOLES PRODUCT DESCRIPTIONSWe strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

PRODUCT ORDERS AND SHIPPINGOur products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. We supply and despatch our products to customers within Australia only. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website. All prices are in Australian Dollars (AUD) and are inclusive of GST. We reserve the right to amend our prices at any time. Packaging and postage is an additional charge, calculated at time of purchase. Postage times vary but generally the purchased item will be dispatched within two (2) business days. If longer delays are anticipated notification will be sent via email. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware. We undertake to accept or reject your order within 5 days. If we have not responded to you within 5 days, your offer is deemed to be rejected. We will notify you of any rejected orders by email. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the ordering page. All risk of loss or damage to the goods passes to you when we despatch the goods. All purchased goods are sent by Australia Post Registered mail, if an item is undelivered please notify GetGaming by email to: support@getgaming.com.au, we will then provide you with the registered tracking number so you can lodge a lost article query with Australia Post.

ORDER CANCELLATION DUE TO ERRORWhere a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

PRODUCT RETURNSWe undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.

SITE ACCESSWhen you visit our website, we give you a limited licence to access and use our information for personal use. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under the CopyrightAct 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

HYPERLINKSSome of the hyperlinks on the GetGaming.com.au Website may lead to other Web sites that are not controlled by, or affiliated with, GetGaming. In addition, You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. GetGaming.com.au is not responsible for the content or privacy policies of linked Web sites.

INTELLECTUAL PROPERTY RIGHTS

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission. Any comment, feedback, ideas, forum topics/content, reviews or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright. All titles, content, publisher names, trademarks, artwork, and associated imagery are trademakes and/or copyright material of their respective owners. All rights reserved.

DISCLAIMERS

Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material. LIMITATION OF LIABILITY

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.

INDEMNITY

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

FORCE MAJEURE

If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

JURISDICTION

These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

PRIVACY

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

TO CONTACT GETGAMING

If you have any questions or concerns regarding these Terms and Conditions, please contact by mail to: